- Delay scuppers anti-suit relief in support of FOSFA arbitration (ADM Asia-Pacific Trading v PT Budi Semesta Satria)
- Why does the decision matter?
- What was the background to the application?
- Key dates in the Indonesian litigation
- Key dates in the FOSFA arbitration
- The application to the English court for an ASI
- What did the court decide?
- The exercise of discretion
- Court details
Arbitration analysis: Mr Justice Phillips in the Commercial Court has refused to grant an anti-suit injunction (ASI) to restrain the defendant (BSS) from continuing proceedings in Indonesia against the claimant (ADM) in breach of a Federation of Oils, Seeds and Fats Associations Ltd (FOSFA) arbitration agreement between the parties. The court refused to grant the ASI as a matter of discretion on the grounds of delay. The decision is of interest to practitioners as a further affirmation by the English court of the need for applicants to act promptly when applying for this form of equitable relief.
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